These Terms of Service (“Terms”) govern your access to and use of the website at pennantdash.com (the “Site”) and, except where a separate written agreement applies, the Pennant enrollment marketing analytics platform (the “Service”), each provided by Pennant Group, LLC, a Florida limited liability company (“Pennant,” “we,” “us,” or “our”). By accessing or using the Site or Service, you agree to these Terms.
If you use the Service on behalf of an institution or organization, you represent that you are authorized to bind that entity, and “you” refers to that entity.
1. The Service
Pennant provides analytics that unify marketing spend, pacing, attribution, and yield for higher education enrollment marketing. Access to the Service is provided to customers under a separate order form, subscription agreement, or master services agreement (an “Order”). If any conflict exists between these Terms and a signed Order, the Order controls for the Service.
2. Eligibility
The Site and Service are intended for business use by adults (18+) acting on behalf of an institution, agency, or organization. They are not directed to children or to individual consumers.
3. Accounts and security
Customer users are responsible for maintaining the confidentiality of their credentials and for all activity under their accounts. You agree to notify us promptly of any unauthorized use. Access is governed by role-based permissions configured for your institution.
4. Acceptable use
You agree not to:
- Use the Site or Service in violation of any law or third-party rights;
- Upload or connect data you are not authorized to use, including, contrary to the Service's design, student personal information;
- Attempt to gain unauthorized access to, disrupt, or reverse engineer the Service or its underlying systems;
- Resell, sublicense, or provide the Service to third parties except as permitted by your Order (for example, agency and portfolio use);
- Use the Service to build a competing product or to benchmark it for a competitor.
5. Your data
As between you and Pennant, you retain all rights in the data you connect to the Service (“Customer Data”). You grant us a limited license to process Customer Data solely to provide and support the Service. Our handling of personal information is described in our Privacy Policy. The Service is designed to process pseudonymous identifiers and not to store student personal information; you agree not to deliberately introduce such information into the Service.
6. Third-party connectors
The Service integrates with third-party platforms you choose to connect (such as your CRM and advertising accounts). Your use of those platforms is governed by their own terms, and you are responsible for maintaining any rights and authorizations needed to connect them. We are not responsible for third-party services or for changes they make to their APIs or availability.
7. Intellectual property
The Site, the Service, and all related software, content, and trademarks (including the Pennant name and logo) are owned by Pennant or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted to you, no rights are transferred.
8. Fees
Fees for the Service, if any, are set out in your Order. The Site itself is provided free of charge. Pricing is tailored to each customer.
9. Disclaimers
THE SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted or error-free, or that analytics or projections will be accurate for any particular purpose. Analytics are decision support, not a guarantee of outcomes.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENNANT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR, FOR THE SITE, ONE HUNDRED U.S. DOLLARS).
11. Indemnification
You agree to indemnify and hold harmless Pennant and its officers, members, and employees from claims, damages, and expenses arising out of your Customer Data, your use of the Site or Service in violation of these Terms, or your violation of any law or third-party right.
12. Term and termination
We may suspend or terminate access to the Site or Service for violation of these Terms or as set out in your Order. Provisions that by their nature should survive termination—including ownership, disclaimers, limitation of liability, and governing law—will survive.
13. Governing law and venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to any dispute-resolution provision in your Order, the state and federal courts located in Florida will have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and you consent to their jurisdiction and venue.
14. Changes to these Terms
We may update these Terms from time to time. Changes are effective when we post them and update the “Last updated” date. Your continued use after changes take effect constitutes acceptance.
15. Miscellaneous
These Terms, together with any applicable Order and our Privacy Policy, are the entire agreement between you and Pennant regarding the Site and Service. If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.